Replacing Surrogate Decision-Making with Supported Decision-Making for Minimal Risk Research

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Authors: Jennifer Hawkins, Aaron Eli Segal, David Wendler, Dana Howard
Cited by: 1
References: 13

Abstract

We do so in the hope that such a change will lead to more cognitively impaired individuals being enrolled in research. Our proposal applies only to cases where would-be participants retain some interest in decision-making as well as the ability to express a decision. In these cases, we argue that the common practice whereby researchers either obtain consent from the individual or consent from a surrogate and assent from the individual, is ethically unnecessary. Instead, a process of facilitated decision-making based on SDM (supported decision-making) should be employed. Although it is possible that this process of facilitation will enable some individuals to make a capacitated choice who would not otherwise have done so, this should not be a requirement of getting to choose. In those cases where a would-be participant, despite support, fails to make a capacitated choice, the individual should still have the final say about participation. In this respect, our proposal deviates from standard practice. However, we argue that our proposal offers participants as much ethical protection as the more common procedures involving surrogates.

Fields of Study & Subjects

Ethics in Clinical Research Decision-Making and Behavioral Economics Philosophical Ethics and Theory

Publication details

Journal / source
The Journal of Law Medicine & Ethics
Publisher
Cambridge University Press (CUP)
Volume
54
Issue
S2
Pages
94–102
Publication date
1 January 2026
Language
EN